EXPLANATORY STATEMENT
Protection of Movable Cultural Heritage
Regulations (Amendment)
STATUTORY RULES 1990, NO. 116
The main purpose of the Protection of Movable Cultural Heritage Act 1986 (the Act) is to retain in Australia those significant cultural objects which would represent an irreplaceable loss to the nation’s cultural heritage if exported. The Act and associated Regulations came into effect on 1 July 1987.
The Act provides for a National Cultural Heritage Control List of categories of objects that constitute the movable cultural heritage of Australia and are subject to export control to be prescribed in Regulations.
The existing Schedule was amended in 1988 to provide a more comprehensive National Cultural Heritage Control List and amend the protection afforded to Aboriginal material.
The new amendment to Part VI of the National Cultural Heritage Control List in the Schedule controls the export of all steam propelled vessels within the category “object of water transport”, instead of limiting it to those vessels built in Australia before 1930 or in use in Australia before 1920. The amendment was necessary to protect vessels produced during the last twenty years of steam technology, from 1920 to 1939. During this period Australian ingenuity and expertise in marine architecture and engineering represented the most sophisticated development of steam propulsion.
The National Cultural Heritage Committee, established pursuant to the Act, recommended this amendment.
Overview
The Protection of Movable Cultural Heritage Regulations (Amendment) Statutory Rules 1990, No. 116, were enacted to address a gap in the existing legislative framework concerning the export of steam propelled vessels, particularly those produced during the period of advanced steam technology between 1920 and 1939. This amendment was introduced to better safeguard Australia's cultural heritage by expanding the scope of the National Cultural Heritage Control List. The Regulations were made under the authority of the Protection of Movable Cultural Heritage Act 1986, with the policy objective being to ensure that significant cultural objects, including historically significant steam propelled vessels, remain within the nation to preserve and protect Australia's cultural heritage. The National Cultural Heritage Committee, which was established under the Act, recommended this amendment to provide comprehensive protection for these objects, recognising their importance to Australia's maritime history and engineering legacy.
Scope and Application
The Protection of Movable Cultural Heritage Regulations (Amendment) Statutory Rules 1990, No. 116, amend the existing Protection of Movable Cultural Heritage Regulations under the Protection of Movable Cultural Heritage Act 1986. The Act applies to individuals and entities engaged in the export of movable cultural heritage objects, particularly those within the categories prescribed on the National Cultural Heritage Control List. The Act has a Commonwealth jurisdictional reach, meaning it applies across Australia, and it is designed to ensure that significant cultural objects which would represent an irreplaceable loss to the nation’s cultural heritage if exported remain within the country. The Act extends its application to various types of objects, including but not limited to, steam propelled vessels within the category "object of water transport". The amendment to Part VI of the National Cultural Heritage Control List broadens the scope to include all such vessels, irrespective of their build or operational history in Australia, to better capture the technological advancements during the 1920s to 1930s. There are no specific exclusions or exemptions mentioned in the amendment, which reinforces the comprehensive approach to protecting Australia's movable cultural heritage.
Key Provisions
The Protection of Movable Cultural Heritage Regulations (Amendment) Statutory Rules 1990, No. 116, introduce significant changes to the National Cultural Heritage Control List. These changes, particularly in Part VI of the Schedule, now include all steam propelled vessels within the category "object of water transport," regardless of when they were built or used in Australia (Schedule, Part VI). This amendment broadens the scope of export controls to include steam vessels produced between 1920 and 1939, acknowledging the advanced marine engineering and architectural developments of that period. This is a departure from the previous limitations that only applied to vessels built before 1930 or in use before 1920.
The obligations under these Regulations require that any party intending to export a steam propelled vessel must obtain an export permit from the Minister for the Environment and Heritage. This requirement ensures that the export of such vessels is subject to scrutiny, thereby protecting Australia's maritime cultural heritage. The Regulations impose a duty on exporters to notify the Minister of their intent to export these objects, ensuring that the cultural significance of these vessels is considered before they leave the country. The National Cultural Heritage Committee plays a pivotal role in advising on and recommending such amendments, ensuring that the protection of cultural heritage is informed by expert opinion.
Failure to comply with these Regulations can result in significant legal consequences. The Act stipulates that unauthorised export of a controlled object is an offence. Under Section 18 of the Act, any person found guilty of such an offence can face penalties that include substantial fines or imprisonment, or both. The exact penalties are not specified in the provided text but are generally severe enough to act as a deterrent against unauthorised exports of culturally significant items. These provisions underscore the importance of adhering to the regulatory framework designed to protect Australia's movable cultural heritage.